Procedure — now Sec. 590 of the Code. On one occasion General R., who was more familiar with the old practice than the new, and with procedure in the United States Senate than with either, appeared in a reference case. Capt. T. W. Mason ( now one of the Railroad Commissioners) was the referee. Capt. Robert B. Prebles was the opposing counsel. The first question the General put to the witness, Capt. Prebles promptly said, "I object, see C. C. P. 343." As promptly the referee said, " Ruled out." The General looked at the referee, and looked at the opposite counsel. Both seemed perfectly satis fied with themselves. The General asked an other question. Promptly came the same objec tion and the same ruling. Yet on scrutiny both young men seemed unabashed. In fact they showed no doubts on the subject and no regrets whatever as to their conduct. A third, a fourth and a fifth question " speered" at the witness had the same result. Becoming uneasy, but too senatorial to show it, the General in a most stately and elegant manner asked a little adjournment, stating some good reason. This being granted, he took the referee into an other room and with some warmth of manner asked, " What in does Bob Prebles mean by his See-see-see-pee, three forty-three?"
Gen. James Madison Leach was at times a member of Congress from North Carolina. He was an excellent advocate, but had never thought it worth his while to be " up " on the details of the law. On one occasion he was associated in a case with Mr. Ball, a very careful and painstaking lawyer, but very matter-of-fact. He had the same estimate of a joke as the traditional Scotchman of whom Sidney Smith said that it required " a surgical operation to get a joke into his head." On this occasion a point of law occurred to Gen eral Leach, but being a little doubtful of it him self he did not submit it to his associate. He simply just turned it loose on the judge. Not meeting with much encouragement he involun tarily turned to his associate. But he quickly and easily read disapprobation and dissatisfaction in his face. So when, a few minutes later, the judge blandly asked, "General Leach, do you think that can possibly be law?" the General with a Chesterfieldian bow and an air of positive
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relief replied, " I agree entirely with the intima tion of your Honor. In fact I only presented the point out of deference to the opinion of my brother Ball." Instantly Mr. Ball, with a flushed face and a sotto voce heard all over the court room, said in an earnest manner, " Why — it — is — all — a — d—d — lie."
The following letter was sent by a newly elected alderman of a Pennsylvania city to the debtor of a clothing house in the same city : — Dear Sir: You are charged before me by Messrs. and of the City of .County of and State of Pennsylvania, with breach of " Assumsit, Criminis in Persona " in de fault of the sum of $38.50. Will you call and settle the same instanter, save costs, expenses, trouble etc., or shall I send a bailiff for your apprehension? Answer. Very sincerely yours, Alderman and ex-ofHcio Justice of the Peace.
NOTES.
Rufus Choate once told Judge Warren that he was going to write a book. "Ah," said the Judge, "what is it to be?" — "Well," replied Mr. Choate, " I've got as far as the title-page and a motto."— " What are they?"— "The subject is ' The lawyer's vacation,' the motto,— I've forgotten. But I shall show that the law yer's vacation is the space between the question put to a witness and his answer."
Some investigators have detected curious peculiarities in the handwriting of criminals. Lombroso, for instance, divides 520 criminals into two groups, the first of which includes hom icides, highway robbers, and brigands. The greater part of these make letters much lengthened out; the form is more curvilinear than in ordinary writing and at the same time more projecting; in a considerable number the cross for the "t" is heavy and prolonged, and is common also among soldiers and energetic per sons. All ornament their signatures with small strokes and flourishes; some terminate their names with a short hook; assassins are apt to end each word with a sharp vertical stroke. The second group is composed exclusively of thieves, who do not make their letters curvilinear.
